Reed v. Carolina Casualty Insurance

Branch, Judge.

Georgia law provides that a tort plaintiff “shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed.” OCGA § 51-12-33 (g). In this wrongful death action, the trial court granted summary judgment in favor of the defendants on the ground that the undisputed facts show the plaintiffs’ decedent was at least 50 percent responsible for his own death. The plaintiffs contend the trial court erred by not allowing the jury to consider this issue. We agree and therefore reverse.

Summary judgment is proper when there…